How Long Does It Take For Landlords to Evict a Tenant?
Jun 19, 2023
In the era of landlord-tenant relationships, conflicts may arise that require legal support, such as when a landlord needs to evict a tenant. The process of obtaining a court order to evict tenants in Western Australia (WA) can vary depending on several factors. This article aims to shed light on the timeline involved in obtaining such a court order.
The process of eviction begins when a landlord decides to terminate an occupant due to a breach of the lease agreement. It is always essential to note that depending on the specific circumstances of each case, the exact timeline for getting a court order might vary. However, here we have mentioned some general steps that are usually followed in the court of Australia.
Important Steps Every Landlord & Tenant Should Know Before Going to Court
- The first step involves serving the tenant with a notice of termination. The type of notice required and the notice period can depend on the reason for eviction, as outlined in the Residential Tenancies Act of WA. The notice period can range from 7 to 60 days, depending on the grounds for termination.
- Once the notice period expires and the tenant fails to vacate the property, the next step is to apply. This application is typically submitted to the Magistrates Court or the State Administrative Tribunal (SAT), depending on the specific circumstances and jurisdiction. It is crucial to ensure that all essential documents and evidence are properly prepared and submitted to avoid delays.
- After the application is filed, a court hearing is scheduled. At the time of the hearing, both parties allow to show their cases and provide evidence supporting their arguments. It is highly recommended to engage the services of the best legal counselor in Perth at this stage because our platform connects expert lawyers who can significantly impact the outcome of the hearing.
- Following the court hearing, the court will decide on whether to grant a court order for eviction. If the court decides in favor of the landlord, a warrant of possession is issued, providing the legal authority to regain the property. The legal document is then served to the tenant, specifying the date by which they must vacate the premises.
- It is important to note that the entire process of obtaining a court order can take several weeks or even months, depending on various factors. These factors can include the complexity of the case, the workload of the court, and any potential delays or challenges that may arise during the process.
- In addition to understanding the timeline for obtaining a court order, it is also crucial for landlords in WA to be aware of easements on the property. An easement is a legal right that is granted by a court to access someone else property for a specific purpose i.e. it can include a right of way to acquire utility services.
- If a property is subject to an easement, it can have implications for landlords and tenants. Landlords should ensure that any easements on their property are properly disclosed to potential tenants. Tenants, on the other hand, should be aware of any easements that may affect their use and enjoyment of the property.
How Long Does it Take to Evict Someone?
Once the court has reviewed the case, a judgment or court order is issued, granting the eviction. The tenant is then given a final deadline to vacate the premises. If they still do not quit, the landlord may need to involve law & court activities to forcefully remove the renter and their belongings from the property.
It is important to remember that the entire eviction process can take time, ranging from a few weeks to several months. It is advisable for landlords to familiarize themselves with local laws, seek legal advice, and follow the proper procedures to ensure a smooth and lawful eviction process.
Conclusion
The timeline for obtaining a court order to evict a tenant in WA can vary depending on various factors. It is crucial for landlords to follow the proper legal procedures, including serving the appropriate notice of termination and engaging the services of the best property lawyers Perth. Additionally, understanding the concept of easement on a property is essential for landlords and tenants to navigate any potential implications. By being knowledgeable about these matters, landlords can effectively manage their properties and tenants can ensure their rights and responsibilities are upheld.